Porter v. California Department of
Corrections, 383 F.3d 1018 (9th Cir 2004)
In June
1995, Lawana Porter began work as a correctional officer for the California
Department of Corrections (CDC). She
alleged that during the first few years of her employment, two male co-workers,
In
February 1996, DeSantis was promoted to sergeant.
In 1998, Porter advised him that she wanted to switch shifts.
Although there were openings on other shifts, he would not let her
switch. He also refused to give her
the vacation days she wanted. Porter
alleged that she was also denied transfers three times in 1998 because of
DeSantis. A lieutenant who had
supported Porter’s transfer reported the situation to the associate
warden, Margene Ford, and to the equal employment opportunity (EEO) coordinator.
In late 1998, an investigation began.
According to Porter, Ford became angry with her and told her the
situation would get tougher for her. Porter then went on a medical leave that
lasted nearly two years. During her leave, the union president told
her to stay away from CDC because she was a liability.
She received notices for missing classes and being absent without
approval. She filed an EEOC
discrimination charge and then a federal court lawsuit. In September 2000,
Porter returned to work. She alleges that several correctional officers
gave her a difficult time on several occasions.
In her
lawsuit, Porter claimed she was subjected to sexual harassment, discrimination,
and retaliation because she had rejected Wheeler's and DeSantis's advances in
1995 and 1996. The trial court
dismissed all Porter’s claims, but the Ninth Circuit reversed.
The
trial court held that Porter's discrimination claim failed because she did
not file her EEOC charge within 300 days of the last alleged sexually harassing
act. Porter filed her charge in
April 1999, and the claims of a sexually hostile environment were from 1995 and
1996. Because her later claims were entirely different from the earlier
claims of sexual harassment, the trial court found no "continuing
violation" that would make the earlier claims timely. The Ninth
Circuit reversed, holding that the third transfer denial in 1998 took place
within the 300 days and supported a sexual harassment claim. The Ninth
Circuit reasoned that DeSantis denied Porter the transfer in 1998 to punish her
for having rejected his and Wheeler's advances in 1995 and 1996. The Ninth
Circuit then looked at the other allegations (e.g., denying her shift changes
and vacation requests and threatening disciplinary action while she was on
leave) all involved the “same type of sexist activity,” since it was
“intimidating or demeaning the value of female employees who do not submit to
demands for sexual favors.”
The
trial court held that the retaliation claim failed because Porter could not
show a causal link between her rejecting sexual advances in 1995 and 1996 and
the actions she alleged were in retaliation for her rejecting those advances.
The trial court concluded that far too much time had passed between the earlier
events and the alleged retaliation to establish the requisite causal link.
The Ninth Circuit reversed on this issue as well, holding that the gap of time
could be explained by the fact that DeSantis did not have the ability to
retaliate until 1998, when he took on certain personnel responsibilities and
could influence Porter's ability to work on certain shifts.
Based on the Ninth Circuit's holding, it will be easier in certain circumstances for plaintiffs to tie together allegations from many years back into one continuing violation and thus defeat a limitations defense. The holding also indicates it will also be easier in certain circumstances for plaintiffs to establish a causal link even when there is several year gap between the alleged protected activity and the subsequent alleged retaliatory event.
Lytle v.
Carl, 382 F.3d 978 (9th Cir. 2004)
Trudi
Lytle teaches at an elementary school in
Shortly
thereafter, Lytle felt she was being retaliated against for having successfully
sued the school district. Specifically, a school district administrator
asked the school to provide him with all disciplinary actions and related
documents regarding her, and there were a series of disciplinary issues which
were carefully documented in her file. Lytle
filed suit again, this time alleging that the school district was retaliating
against her because of her prior lawsuit. She
won again, and the Ninth Circuit affirmed, holding that Lytle present sufficient
evidence of unwarranted discipline and an effort to harass and humiliate to
support the jury’s verdict. This time, Lytle was awarded $75,000 in
damages and $239,268 (reduced from $399,865 by the court) for attorney's fees.
It may be that the school district meant well and was being careful in how it treated Lytle. That is, perhaps the district wanted to stay advised of any disciplinary issues and the school wanted to document everything to ensure that any discipline was fully appropriate and not retaliatory. The perception created, however, was that Lytle was being singled out and targeted for unlawful retaliation for having filed the prior lawsuit.